MATTER OF ROBIN L. D. V DANIEL R. D.
Motion No: CAF 07-02451
Slip Opinion No: 2008 NYSlipOp 60717(U)
Decided on January 8, 2008
Appellate Division, Fourth Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


January 8, 2008

PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, FAHEY, AND GORSKI, JJ.

APPELLATE DIVISION DOCKET NO. CAF 07-02451
DOCKET NO. F-09759-06/07D

MATTER OF ROBIN L. D., PETITIONER-RESPONDENT,

V

DANIEL R. D., RESPONDENT-APPELLANT.


Respondent-appellant having moved for permission to proceed as a poor person and for the assignment of counsel on the appeal taken herein from an order of the Family Court, Monroe County, entered in the Office of the Clerk of said Court on September 26, 2007,

Now, upon reading and filing the affidavit of Daniel R. D., sworn to

November 14, 2007, the notice of motion with proof of service thereof, the statement of Matthew J. Clark, Esq., dated November 28, 2007, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied and the appeal is dismissed on the ground that no appeal lies from an order of a support magistrate unless objections are filed and the order is reviewed by a Family Court Judge (see Family Court Act § 439 [e]).

Entered: January 8, 2008

JOANN M. WAHL, Clerk